KRISHNA MISTRY Vs. BAIDYANATH PRASAD YADAV

JUDGEMENT

(1.) On behalf of petitioners the learned counsel Mr. Prashant Pallav and on behalf of opposite party the learned counsel Mr. Arvind Kr. Choudhary are present.

(2.) By way of this instant CMP the order dtd. 9/2/2023 passed by the learned court of Civil Judge (Sr. Division)-III, Deoghar in MCA No. 417 of 2022 arising out of Original Suit NO. 37 of 2019 has been assailed whereby the application under Order XXVI Rule 9 of CPC filed on behalf of the plaintiff has been allowed.

(3.) The learned counsel for the petitioner has submitted that the Original Suit No. 37 of 2019 was filed on behalf of Baidyanath Pd. Yadav & Ors. against Krishna Mistry & Ors. with the prayer to declare the right, title, interest of the plaintiff over the land in suit and also for recovery of the possession after evicting therefrom the defendants who is illegal and unauthorized occupants. Further the relief for permanent injunction was also sought restraining the defendants claiming any inch of land of the property in suit.